This post was -written by Valentina Albarran, Associate, Norton Rose Fulbright (Caracas) The abrogated Organic Labor Law (“OLL”) defined Company and Business as follows: “Article 16: For the purposes of the Labor legislation, a Company is a business unit created for the production of goods or services in order to perform an economic activity and … Continue reading
This post was contributed by Valentina Albarrán, Associate, Norton Rose Fulbright Caracas On Christmas time Venezuelans have become accustomed to certain holiday traditions, receiving presents, spending more money that they have, and for the last years Venezuelans have also grown accustomed to the fact that December is the month for the extension of the Special … Continue reading
In Venezuela, labor and employment anti-discrimination rules do not extend to interns and volunteers unless their contracts explicitly acknowledge equal treatment. The Organic Labor Law (the “LOTTT”) provides protection for any individual under an employment relationship. Therefore the issue here is to determine who is an employee and who is not. The LOTTT states that … Continue reading
Employers with more than 20 workers are required to provide a day-care center, where such workers whose salary is less than five minimum salaries can leave their children aged between three months and six years during the work day. To comply with this requirement, employers may choose between several options provided in the corresponding legislation. … Continue reading
On October 18, the President of the Republic published Decree Nº 503 (the Decree), establishing an increase of 10% in the minimum salary for public and private sector workers from November 1, 2013, using the 2013 National Consumer Price Index (INPC) as a reference. Below you will find our comments on the most relevant aspects … Continue reading
Under Venezuelan labour legislation, holidays and rest days are paid as follows: 1. Holidays The following days and dates are holidays for the purposes of the Labor Law (Article 184): Sundays, January 1, Monday and Tuesday of Carnival, Maundy Thursday and Good Friday, May 1st, December 24th, 25th, 30th and 31st; The days listed in the … Continue reading
Venezuela’s minimum salary for the day shift is Bs. 2,702.73 as of September 1, 2013, which represents the 10% increase established in Article 1 b) of the Minimum Wage Decree Nº 30 (Decree). This Decree came into effect on April 30, 2013 and its general implications were commented by Juan Carlos Pró-Rísquez, Esther Cecilia ”Kelly” … Continue reading
This post was contributed by Valentina Albarrán, Associate, Norton Rose Fulbright Caracas A few months after the 1st year anniversary of the Venezuelan New Labor Law the legislative body has proven itself to be a modern take on the Pandora´s Box myth. Of the many controversial aspects of the law, there is still one that … Continue reading
As new wage and hour or work-schedule regulations have been recently brought fully into effect, employers face risks of being sanctioned in case the Ministry of Labour and Social Security finds that such rules have been breached. In fact, the duration of the ordinary work period as of May 7, 2013 may not exceed 40 … Continue reading
One thing is very clear under Venezuela legislation, it is almost impossible to dismiss a worker. A. Job Stability Theoretically, the Labour Law allows employers to terminate workers with or without cause. Employers are able to terminate workers with cause based on the grounds listed in Article 79 of the Labour Law. Employers have a … Continue reading
Under Article 20 of the Regulations to the abrogated Organic Labor Law (which is still in force as long as its rules do not contravene the New Labor Law), the enforcement of non-compete provisions is limited. Such Article expressly provides that during the employment relationship, the employee shall refrain from carrying out negotiations on her/his own … Continue reading
We are happy to announce a new feature to this blog: every month, all participating regions will post on a common theme. We hope that this feature will give our readers a quick glance into the differences and commonalities that exist between each of the various jurisdictions on a relevant employment and labour law … Continue reading
It is almost impossible to dismiss an employee in Venezuela. First of all, because the New Labor Law provides that, except for top management employees, employers cannot dismiss workers unilaterally (job stability), even those who are not protected by the bar against dismissals. Second, the Government extended the Special Bar against Dismissals again. Finally, the … Continue reading
This post was contributed by Yanet C. Aguiar, Partner, Norton Rose Caracas and Valentina Albarrán, Associate, Norton Rose Caracas Venezuela is no stranger to the existence and proliferation of Group of Companies or Business Groups, they have become a fundamental part of Venezuelan economy. However, throughout the last decade or so, we have witnessed the departure … Continue reading
Yes, Outsourcing is prohibited under Venezuelan New Labour Law as long as the contracting of third parties are made to simulate or defraud with the purpose of avoiding the application of the labor legislation. 1. Definition of Outsourcing under the New Labour Law. Outsourcing is understood to be the simulation or fraud committed by employers … Continue reading